scholarly journals TOPICAL ISSUES OF IMPROVING THE CONTRACT SYSTEM OF PUBLIC PROCUREMENT IN THE RUSSIAN FEDERATION AT THE PRESENT STAGE

2020 ◽  
pp. 217-220
Author(s):  
Ivan N. Mel’nikov ◽  
Anastasiya Yu. Klimova
Keyword(s):  
Public Procurement ◽  
Modern Science ◽  
The Public ◽  
Existing Problems ◽  
Procurement Contract ◽  
Effi Ciency ◽  
Procurement System ◽  
Legal Barriers ◽  
Constant Improvement

Public procurement today is one of the key processes that meets the needs of the state, so they need constant improvement. This article discusses the issues of increasing the effi ciency of the public procurement system and removing administrative and legal barriers to the implementation of this institution. Modern science and practice fi xes a signifi cant number of shortcomings in the work of the public procurement contract system. In the presented article, only a few of them are considered, such as: long-term accreditation for bidding, the availability of security for the application and contract, as well as the lack of quality personnel potential of customers due to the lack of qualifi cation requirements. Based on a study of law enforcement and enforcement practices in the fi eld of public procurement, topical problems have been identifi ed that impede the achievement of planned performance indicators of the public procurement system and the achievement of strategic government objectives in the fi ght against corruption and the effi cient spending of budget funds. Based on the reviewed experience of improvement in the fi eld of public procurement, the existing problems and shortcomings of participation in public procurement by both participants and customers of purchases were identifi ed. Further, ways to solve them were proposed. As a result of the study, it was possible to formulate proposals for improving legislation aimed at regulating public procurement.

scholarly journals MANAGING PUBLIC PROCUREMENT APPEALS

2019 ◽  
Vol 4 (4) ◽  
pp. 79-85
Author(s):  
Anna SLOBODIANYK ◽  
Nadiya REZNIK
Keyword(s):  
Civil Rights ◽  
Process Analysis ◽  
Public Procurement ◽  
Individual Case ◽  
The Public ◽  
Procurement Contract ◽  
Procurement Procedure ◽  
The Moment ◽  
The Right ◽  
Procurement System

Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.

scholarly journals Study Regarding the Planning Stage of the Romanian Public Procurement Process

2019 ◽  
Vol 25 (2) ◽  
pp. 86-92
Author(s):  
Ioan Gabriel Popa ◽  
Roxana Ispas
Keyword(s):  
Process Planning ◽  
Public Procurement ◽  
Public Institutions ◽  
Planning Stage ◽  
Procurement Process ◽  
The Public ◽  
Procurement Contract ◽  
Procurement System

Abstract In order to award a public procurement contract for the acquisition of a product, work or service, the contracting authority must follow a succession of stages, which represent a public procurement process. As a stage of the public procurement process, planning represents all the activities carried out in public institutions that determine their main objectives, the manner in which they are achieved, and what resources will be used during the process. Planning the procurement process is crucial. Failure to properly implement it results in errors and problems during the process of awarding and implementing the contract. The general objective of the paper is to identify and solve the problems that arise during the process of planning the public procurement in Romania, by identifying and anticipating some directions leading to the improvement of the entire public procurement system.

scholarly journals TYPOLOGY OF CORRUPTION IN PUBLIC PROCUREMENT

2019 ◽  
Vol 33 (1) ◽  
pp. 47-51
Author(s):  
Mersad Mujević
Keyword(s):  
Public Procurement ◽  
The State ◽  
Security Systems ◽  
Great Opportunity ◽  
The Public ◽  
Gray Area ◽  
Procurement Contract ◽  
State Administration ◽  
Low Levels ◽  
Procurement System

Public procurement, and if by title most of it is public, leaves an impressive marginal gray area in the work of the state administration, the areas left more or less individually controlled by the private sector and the state administration.However, the perception of the public as well as of many participants in the process is "something dubious in the procurement contract".Implementing an efficient and effective public procurement system based on transparency, competition and integrity is not a simple matter. A procurement system with very low levels of transparency and lack of competition was a great opportunity for corruption and it is therefore very important to raise awareness in order to achieve the defective activities that these shipments are suitable for.EU regulations that are purposefully designed to regulate the field of public procurement have been in existence for 40 years and are constantly being updated in the implementation of new initiatives, in particular giving the opportunity to use e-government tools. The previous Laws on Public Procurement of Montenegro have "liberated" and incorporated a large part of the "security" systems and norms that face corruption.

Researching the public procurement system: An analysis of winning organizations

2020 ◽  
Vol 16 (5) ◽  
pp. 860-884
Author(s):  
V.G. Kogdenko ◽  
A.A. Sanzharov
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Debt Capital ◽  
Scientific Principles ◽  
General Scientific ◽  
Marketing Information ◽  
High Level ◽  
Return On Sales ◽  
Procurement System ◽  
Social Components

Subject. The article deals with the analysis of suppliers in the public procurement system based on reasonable prequalification parameters. Objectives. The aim is to test the hypothesis about strong reputation characteristics of the winners in the public procurement system and develop a methodology for assessing the reputation of suppliers for prequalification purposes. Methods. We employ general scientific principles and methods of research, like abstraction, generalization of approaches used by domestic and foreign authors for prequalification and assessment of reputation of public procurement participants. Results. To test the hypothesis, we calculated four groups of indicators on corporate, financial, market, and social components of reputation. The methodology was tested on the data obtained from SPARK-Interfax and SPARK-Marketing information resources. Conclusions. The study revealed that not all reputational characteristics of public procurement winners can be regarded as high level. In terms of the corporate component, it is the low level of share capital, indicating the mistrust on the part of owners and their reluctance to invest in the business, and the low percentage of non-current assets. In terms of the market component, it is a low sales growth rate, as well as low return on sales. As to the financial component, it is a low capitalization of winners, low share of long-term debt capital and low credit limit. With respect to the social component, it is a below-average tax burden.

THE CONTRACT SYSTEM OF PUBLIC PROCUREMENT IN RUSSIA: PROBLEMS OF FUNCTIONING AND WAYS OF THEIR SOLUTION

2020 ◽  
Author(s):  
Irina Alekseevna Burkina ◽  
Keyword(s):  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legislative Regulation ◽  
Procurement Planning

The article is devoted to the problems of public procurement planning, dishonesty of customers and bidders, abuse of non-competitive methods of determining the winner and imperfection of legislative regulation. The main goal of this study is to identify possible ways to improve the public procurement contract system in Russia.

scholarly journals FOREIGN EXPERIENCE IN REGULATING THE PUBLIC PROCUREMENT SYSTEM

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Yernur Mukhtar ◽  
Yuri Toluev
Keyword(s):  
System Analysis ◽  
Public Procurement ◽  
Economic Assessment ◽  
Developed Countries ◽  
Scientific Article ◽  
Regional Institutions ◽  
The Public ◽  
Foreign Experience ◽  
The Government ◽  
Procurement System

The relevance of this research topic lies in the fact that public procurement requires in-depth consideration and comprehensive analysis, including the scientific and methodological level of analysis. The use of special legal documents in public procurement and the specific procedure for the execution of these documents is not a factor in the full understanding of this direction, including the economic assessment of the entire process. An economic and statistical approach using system analysis is required, which was used by the authors of the scientific article as the proposed research methodology. One of the main parts of the progressive process of commodity exchange in the economies of the analyzed countries is the mechanism for building public procurement. Currently, the problem of material and technical support of public needs in developed countries is solved as a result of logistics processes in the system of public procurement through the acquisition and supply of goods, works, and services, tangible and intangible resources. The article submits a review of foreign experience in building a public procurement system with special features characteristic of this region of the world, presented as an object of research. Country aspects in the object under study and allowed the authors to formulate the relevant main results and conclusions concerning various parties in the public procurement system, which determined the further strategy to improve the procurement system of the government and international integration union. Key words: public procurement (PP), regulation of the public procurement system, government orders, entrepreneurship, international regional institutions, regulation of the public procurement system, procurement, USA, European Union (EU), Poland, Germany, World Bank.

scholarly journals Upgrade the Saudi Arabian Procurement System Delivery Method

2015 ◽  
Vol 7 (1) ◽  
pp. 146
Author(s):  
Ahmed Alofi ◽  
Yasir Alhammadi ◽  
Dean Kashiwagi ◽  
Kenneth Sullivan
Keyword(s):  
Saudi Arabia ◽  
Construction Projects ◽  
Public Procurement ◽  
Saudi Arabian ◽  
The Public ◽  
Public Projects ◽  
Potential Risks ◽  
Low Performance ◽  
And Performance ◽  
Procurement System

Saudi Arabia has had many issues in delivering mega construction projects, such as delays, high costs, and low customer satisfaction. Some studies show that around 70% of public projects in Saudi Arabia are delayed. One factor that might be causing these performance issues is the traditional low bid contracting system in Saudi Arabia, or the Saudi procurement system. In Saudi Arabia, owners select contractors based only upon the lowest price. This paper researched ways to modify the current Saudi procurement system and show quick and simple modifications that can be done to improve the low performance. This research proposes that by adding the clarification phase from the Performance Information Procurement System (PIPS) to the Saudi traditional procurement process could greatly improve construction performance. The clarification phase requires the selected contractor to submit a project scope, detailed and milestone schedule, potential risks that they do not control, and performance measurement before a contract is awarded. The PIPS system is one of the most successful systems around the world, which shows success rate of 98% in six different countries with risk and cost reduction up to 30%. The clarification phase has been identified as the most important step in the PIPS to ensuring a successful project. This paper conducted a survey among construction professionals in Saudi Arabia, including 157 engineers, 33 consultants 9 owners, 5 vendors, 13 academics, and 28 architects, in order to develop the public procurement system in Saudi Arabia. The participants work in government sectors with an interest in the Saudi Arabian procurement system. The survey confirmed that professionals in the Saudi construction industry believe that the procurement system should be changed and that the inclusion of the clarification phase to the procurement system is a way to improve the procurement system.

scholarly journals ARBITRATION OF THE DISPUTES IN CONNECTION WITH PUBLIC PROCUREMENT CONTRACTS IN BOSNIA AND HERZEGOVINA

2021 ◽  
pp. 65-72
Author(s):  
Z. Grbo
Keyword(s):  
Bosnia And Herzegovina ◽  
Public Procurement ◽  
The Public ◽  
Procurement Contract ◽  
Legal Nature ◽  
Arbitration Procedure ◽  
Procurement Contracts

In the article, the author analyses the possibilities of using arbitration procedure to settle disputes arising from the conclusion of a public procurement contract in Bosnia and Herzegovina. The author studies the nature of the public procurement contract and concludes that this contract is of a private legal nature, so the resolution of disputes related to the execution of the contract is possible in arbitration proceedings.

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